Administrative leave, its features

The main legislative act thatregulates the relationship of the employer and employee in the Russian Federation, is the Labor Code of the said country. In accordance with Article 107 of this document, every capable and working person has the right to rest, one of the types of which is considered vacation - a certain period of time during which the employee is released from the performance of his official duties. Legislation provides for the following classification of holidays:

  • Primary and secondary.
  • Annual paid and leave without content.
  • Maternity leave, child care, or leave, which is granted in connection with the training of an employee (for example, in absentia at the university).
  • Short-term, elongated.

In the process of work, you canto face such an unintended law as administrative leave. This term refers more to the colloquial style of speech. In accordance with the legal right, administrative leave is a leave without pay, that is, completely unpaid. Such a holiday "at its own expense" has certain nuances and features.

So in which cases can the employerprovide administrative leave? For example, for a good reason or for family reasons (wedding, anniversary, funeral and the like). The employer has the right to refuse to grant such leave to his employee, since this is not his duty. In this case, we should not talk about the relations established between the employee and his supervisor, but rather about the relationship between people.

Application for administrative leave, forthe basis for which a decision is made on granting or denying it shall be submitted directly to the head of the organization or to his authorized person. The duration of such a holiday is negotiated individually, depending on the occasion.

In case of refusal to grant unpaidleave for good reason, the employee has the right to apply to the court. Such incidents are, as a rule, extremely rare, as the "respect" of the occasion is assessed by the employer himself, the legislation does not even have an approximate list of such reasons. In the event that the employer has refused to grant administrative leave to his employee, and the latter, contrary to the decision of the management, did not come to the workplace, his act is regarded as a violation of labor discipline and entails certain consequences. Such a person can be brought to disciplinary responsibility.

The employer is obliged to grant administrative leave to the employee of the organization in the event that that:

  • Pensioner (the amount of leave in this case varies from 1 to 14 calendar days).
  • Wife (husband), or the parent of a serviceman who died (injured, became disabled) as a result of performing his official duties (14 days a year).
  • Invalid (60 days a year).

Each employee has the right to a five-daymore administrative leave in the case of the birth of a child, the death of a close relative, own marriage. He vacation is good because many employers give him more willingly than the annual leave stipulated by law.

At the same time, an employee who decided to take a rest forhis account, as a rule, seeks to finish as soon as possible the related cases and return to the performance of his official duties. The days spent on administrative leave are not
paid. Benefits in this case are not provided.

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